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Details
- The first comparative study of central and eastern European secured transactions laws in English
- Reflection on the fundamentals of security law and the practical implications of secured transactions enables a better understanding of this important area of law
- An essential guide for anyone dealing with investments and financing in central and eastern Europe, either directly or in an advisory role
- Includes comparative coverage of US, western and eastern European security laws, offering broad yet detailed treatment of the subject
- Written by an expert directly involved in the drafting of the Model Law on Secured Transactions prepared by the European Bank for Reconstruction and Development (EBRD)
This new work is the first comparative study of central and eastern European secured transactions laws to be written in English. It gives a valuable insight into the legal reforms taking place in the transition economies of central and eastern Europe (and elsewhere), explaining the general mechanics of secured transactions laws in a helpful and practical way.
The book will explore the characteristics that make security law useful from a practical point of view, the purpose being not merely to describe existing rules on security but to concentrate on the question of how those rules can apply in practice. The author concentrates on seven central and eastern European secured transactions laws in Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Russian Federation and the Slovak Republic. These laws are contrasted with the EBRD's Model Law on Secured Transactions and the EBRD's Core Principles for a Modern Secured Transactions Law. In addition, English, German and US law (which, among others, influenced the EBRD's work) are used as further reference sources.
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Part I: Approaching the Subject
1: Central and Eastern Europe and the Reform of Secured Transactions Laws
2: The Practical Need for Security and the Economics of Security
3: An Approach to Law Reform
4: The Role of Comparative Law and Law Reform
Part II: Reference Systems of Secured Transactions Law
5: Scope of the Analysis and Fundamental Issues of Secured Transactions Law
6: Legal Models of Secured Transactions Law in Western Countries
7: Charges Under the EBRD Model Law on Secured Transactions
8: The EBRD Core Principles for a Modern Secured Transactions Law
9: Central and Eastern European Secured Transactions Laws
Part III: Principles of Secured Transactions Laws in Central and Eastern Europe
10: General Principles of Secured Transactions Law
11: Secured Debt
12: Charged Property
13: Person Giving and Person Taking Security
14: Creation of Security
15: Transfer of Security
16: Publicity of Security
17: Rights and Obligations of the Person Giving Security and the Person Taking Security Inter Se Prior to Enforcement
18: Effects on Third Parties
19: Enforcement of Security
20: Security in Insolvency
21: Termination of Security
22: Conclusion
Appendices
App 1: Text of the Model Law on Secured Transactions prepared by the European Bank for Reconstruction and Development (1994)
App 2: Core Principles for a Secured Transactions Law prepared by the European Bank for Reconstruction and Development (1997)
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Jan-Hendrik Röver, Managing Partner, Asset Capital Partners, and Visiting Professor, University of Augsburg
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"Undoubtedly fulfils the needs of those seeking a detailed account of secured lending laws in Eastern Europe and is certainly practical in its focus...Dr Röver has produced a work which contains considerable insights into the process and outcomes of law reform efforts and in that respect this is a book which is deserving of a broader audience than those who toil in the field of secured lending." -Legal Studies, Vol 28, no. 3
